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Bernard v. U.S.
Order 		USSC Dec. 14, 2020
Malaga County Water Dist. v. Central Valley Regional Water Quality Control Board
Delegation of authority to increase appellant's permitted effluent flow discharge rate based on submission of additional technical evidence was improper delegation of authority. 		Administrative Agencies 5DCA Dec. 14, 2020
Malaga County Water Dist. v. State Water Resources Control Board
Trial court improperly concluded that laches was not a valid equitable defense to penalties imposed under Water Code Section 13385. 		Administrative Agencies 5DCA Dec. 14, 2020
Malaga County Water Dist. v. Central Valley Regional Water Quality Control Board
Although Regional Water Quality Control Board's procedural regulations constituted underground regulation, trial court incorrectly remanded to agency without considering whether use of those regulations was harmless. 		Administrative Agencies 5DCA Dec. 14, 2020
People v. Booker
Trial court prejudicially erred in instructing jury on 'kill zone' theory of concurrent specific intent to prove attempted murder. 		Criminal Law and Procedure 2DCA/7 Dec. 14, 2020
People v. Azcona
Trial court abandoned its gatekeeping responsibility by allowing firearms expert to testify to conclusions not supported by the material on which he relied. 		Criminal Law and Procedure 6DCA Dec. 14, 2020
Amended Opinion: U.S. v. Bautista
District court erred in applying recidivist sentencing enhancement based on defendant's prior state conviction for transportation of marijuana after hemp was removed from federal drug schedule. 		statutory_interpretation 9th Dec. 14, 2020
Alfaro v. Superior Court (People)
Trial court was directed to grant defendant's motion for discovery because names and zip codes on master or qualified jury list are disclosable as public records. 		Civil Procedure 1DCA/5 Dec. 11, 2020
People v. Mackreth
Resisting arrest under Penal Code Section 148(a)(1) does not require actual knowledge that the person defendant resists was a police officer. 		statutory_interpretation 6DCA Dec. 11, 2020
People v. Johnson
Trial court erred in interpreting Penal Code Section 1203.2(b)(1) to mean it had authority to terminate defendant's 'parole supervision.' 		Criminal Law and Procedure 1DCA/3 Dec. 11, 2020
Antelope Valley Groundwater Cases
Trial court correctly rejected appellant's claim that it had cognizable water rights as an appropriator for municipal purposes. 		Water Rights 5DCA Dec. 11, 2020
Rutledge v. Pharmaceutical Care Management Assn.
Arkansas Act 900 has neither an impermissible connection with, nor reference, to Employee Retirement Income Security Act of 1974 and is therefore not pre-empted. 		Health Care USSC Dec. 11, 2020
U.S. v. Briggs
Three military service members' prosecutions for rape were timely since Uniform Code of Military Justice's 5-year statute of limitations did not apply to bar their convictions. 		statutory_interpretation USSC Dec. 11, 2020
Carney v. Adams
Respondent lacked standing to challenge Delaware's political balance requirement because he failed to show that he was 'able and ready' to apply for judicial position. 		Constitutional Law USSC Dec. 11, 2020
Tanzin v. Tanvir
Supreme Court ruling permits obtaining money damages against federal officials in their individual capacities for Religious Freedom Restoration Act violations. 		Remedies USSC Dec. 11, 2020
Modification: In re Edgerrin J.
Vague citizen's tip of 'shady' behavior, without more, could not furnish reasonable suspicion to justify detaining four minors. 		Juveniles 4DCA/1 Dec. 11, 2020
In re T.G.
County Department of Children and Family Services failed to adequately investigate mother's claim of Indian ancestry under Indian Child Welfare Act of 1978. 		Dependency 2DCA/7 Dec. 10, 2020
Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions. 		Administrative Agencies 1DCA/4 Dec. 10, 2020
South Bay United Pentecostal Church v. Newsom
Order 		9th Dec. 10, 2020
Singh v. Barr
8 U.S.C. Section 1252 clearly and convincingly circumscribes judicial review of motions to reopen credible fear determinations. 		Immigration 9th Dec. 10, 2020
John Doe v. CVS Pharmacy
No healthcare-specific anti-discrimination standard exists under Affordable Care Act, permitting plaintiffs to borrow standards from other anti-discrimination statutes. 		Health Care 9th Dec. 10, 2020
Does v. Wasden
District court erred in dismissing appellants' ex post facto claim alleging retroactive application of Idaho's Sexual Offender Registration Notification and Community Right-to-Know Act was unconstitutional. 		Civil Rights 9th Dec. 10, 2020
People v. Rodriguez
Penal Code Section 1170.95 requires prosecutor to prove beyond reasonable doubt each element of first or second degree murder under current law to establish petitioner's ineligibility for relief. 		statutory_interpretation 2DCA/7 Dec. 9, 2020
Sandoval-Ryan v. Oleander Holdings
Because there was an absence of clear and unmistakable language delegating threshold arbitrability issues to arbitrator, trial court did not err in deciding whether arbitration agreement was enforceable. 		Arbitration 3DCA Dec. 9, 2020
347 Group, Inc. v. Philip Hawkins Architect, Inc.
Nonsignatory defendant sued under alter ego theory on action that did not include breach of contract claim was entitled to attorneys fees under Civil Code Section 1717. 		Civil Procedure 3DCA Dec. 9, 2020
Kao v. Joy Holiday
Trial court properly ruled that appellants, as alter egos of travel tour company that they owned and operated, were personally liable for respondent's unpaid wages. 		Employment Law 1DCA/3 Dec. 9, 2020
People v. Martin
Parolee exposed to potentially long prison sentence for parole violation resulting from non-criminal conduct was not entitled to have jury determine beyond reasonable doubt whether he violated parole. 		statutory_interpretation 4DCA/2 Dec. 9, 2020
People v. The North River Insurance Co.
Assuming trial court lacked jurisdictional prerequisite to declaring forfeiture of bail, absence of prerequisite did not deprive trial court of jurisdiction to deny summary judgment in fundamental sense. 		statutory_interpretation 5DCA Dec. 9, 2020
Modification: People v. Shelp
Post Release Community Supervision was enacted to rehabilitate nonviolent felons, not to reward the felon with custody credits that can theoretically reduce supervision period to zero. 		statutory_interpretation 2DCA/6 Dec. 9, 2020
U.S. v. Gainza
Twelve-level increase to defendant's base offense level was error because there was insufficient evidence that defendant obtained account information for each customer who visited ATMs where he had installed skimmers. 		Criminal Law and Procedure 9th Dec. 9, 2020
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